U.S. Court of Appeals for the Fourth Circuit, 2004

Alfred v. Ashcroft

Alfred v. Ashcroft
U.S. Court of Appeals for the Fourth Circuit · Decided November 19, 2004 · Wilkinson, Williams, Moon, Western, Virginia
112 F. App'x 934

Alfred v. Ashcroft

Opinion

PER CURIAM:

Lyn Alfred, a native and citizen of Nigeria, seeks review of an order of the Board of Immigration Appeals (“Board”). On June 9, 2003, the Board denied Alfred’s motion to reopen removal proceedings. Alfred moved the Board to reconsider that order, and on December 3, 2003, the Board denied the motion for reconsideration. *935 Alfred’s petition for review is timely only as to the Board’s order denying reconsideration. 8 U.S.C. § 1252(b)(1) (2000) (petition for review must be filed within thirty days of final order of removal); see Stone v. INS, 514 U.S. 386, 405-06, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995) (holding order of removal and denial of motion to reconsider are separate final orders, each subject to relevant time limit for review).

We have reviewed the record and the Board’s order and find that the Board did not abuse its discretion in denying the motion for reconsideration. See 8 C.F.R. § 1003.2(a) (2004). Therefore we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED

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